'The necessity must be convincingly shown to exist': standards for compulsory treatment for mental disorder under the Mental Health Act 1983

Bartlett, Peter (2011) 'The necessity must be convincingly shown to exist': standards for compulsory treatment for mental disorder under the Mental Health Act 1983. Medical Law Review, 19 (4). pp. 514-547. ISSN 0967-0742

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Abstract

Current English law has few controls on the involuntary treatment of persons detained under the Mental Health Act 1983. In 2001, R (Wilkinson)v. Broadmoor Special Hospital Authority provided some hope that, in conjunction with the Human Rights Act and the European Convention on Human Rights (ECHR), meaningful substantive and procedural standards for compulsory psychiatric treatment might be

developed, but that hope has not been fulfilled. Using Wilkinson and the ECHR jurisprudence as a starting point, this article considers when, if at all, compulsory psychiatric treatment might be justified. In particular, it considers the difference between the ‘appropriateness’

standard of the English legislation and the ECHR requirement of ‘therapeutic necessity’, the requirements for appropriate procedure and appropriate legislative clarity, how the courts should deal with disagreements

among treating physicians, and the relevance of the capacity and best interests of the detained person.

Item Type: Article
Uncontrolled Keywords: compulsory psychiatric treatment compulsion Herczegfalvy Wilkinson Mental Health Act 1983 best interests mental capacity
Schools/Departments: University of Nottingham UK Campus > Faculty of Social Sciences > School of Law
Depositing User: Bartlett, Peter
Date Deposited: 25 Nov 2011 17:36
Last Modified: 25 Nov 2011 17:36
URI: http://eprints.nottingham.ac.uk/id/eprint/1553

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